National Policy Affairs

“Lobbying Contacts” Definition

The Lobbying Disclosure Act defines the term "lobbying contacts" in relevant part as follows:

The term "lobbying contact" means any oral or written communication (including an electronic communication) to a covered executive branch official or a covered legislative branch official that is made on behalf of [the university] with regard to:

(1) The formulation, modification or adoption of Federal legislation (including legislative proposals);

(2) The formulation, modification or adoption of a Federal rule, regulation, Executive order or any other program, policy or position of the United States government;

(3) The administration or execution of a Federal program or policy (including the negotiation, award or administration of a Federal contract, grant, loan, permit or license); or

(4) The nomination or confirmation of a person for a position subject to confirmation by the Senate.

The term "lobbying contact" does not include a communication that is:

(1) Made in a speech, article, publication or other material that is distributed and made available to the public, or through radio, television, cable television or other medium of mass communication;

(2) A request for a meeting, a request for the status of an action, or any other similar administrative request, if the request does not include an attempt to influence a covered executive branch official or a covered legislative branch official;

(3) Made in the course of participation in an advisory committee subject to the Federal Advisory Committee Act;

(4) Testimony given before a committee, subcommittee or task force of the Congress, or submitted for inclusion in the public record of a hearing conducted by such committee, subcommittee or task force;

(5) Information provided in writing in response to an oral or written request by a covered executive branch official or a covered legislative branch official for specific information;

(6) Required by subpoena, civil investigative demand or otherwise compelled by statute, regulation or other action of the Congress or an agency, including any communication compelled by a Federal contract, grant, loan, permit or license;

(7) Made in response to a notice in the Federal Register, Commerce Business Daily or other similar publication soliciting communications from the public and directed to the agency official specifically designated in the notice to receive such communications;

(8) Made to an official in an agency with regard to . . . a judicial proceeding or a criminal or civil law enforcement inquiry, investigation or proceeding . . . if that agency is charged with responsibility for such proceeding, inquiry [or] investigation . . .;

(9) A written comment filed in the course of a public proceeding or any other communication that is made on the record in a public proceeding; [or]

(10) A petition for agency action made in writing and required to be a matter of public record pursuant to established agency procedures . . .

The term "covered legislative branch officials" is defined broadly and, in general terms, includes all members of Congress and their staffs, as well as all committee, leadership and caucus staffs. The term "covered executive branch officials" is far more narrow in scope, but also far more complex. It includes the president; the vice president; any officer or employee in the Executive Office of the President, including all employees of the Office of Management and Budget and the Office of Science and Technology Policy; "any officer or employee serving in a position in level I, II, III, IV or V of the Executive Schedule", which consists primarily of political appointees; "any member of the uniformed services whose pay grade is at or above O-7," which includes officers at the rank of brigadier general, rear admiral or higher; and "any officer or employee serving in a position of a confidential, policy-determining, policymaking, or policy-advocating character described in section 7511(b)(2) of title 5, United States Code," which are often referred to as "Schedule C" employees. Members of the Senior Executive Service are not "covered executive branch officials" unless they fall within one of the enumerated categories.

While it is impossible to list all of the hundreds of "covered executive branch officials" on this website, the definition generally encompasses only those officials in the highest-level policy or political positions. By way of example, the only "covered executive branch official" at NIH is its director, and the only such officials at NSF are its director and deputy director